CS-Lakeview at Gwinnett, Inc. v. Retail Development Partners

Adams, Judge.

In this ongoing litigation involving a right of first refusal to purchase certain property, the trial court granted a defendant’s emergency motion to cancel notice of lis pendens on the property. The plaintiff now appeals. The appeal raises questions regarding the preclusive effect of a prior federal court judgment arising out of the same facts and transactions.

On November 2, 1995, CS-Lakeview At Gwinnett, Inc. (“CSLakeview”) entered into an agreement with certain entities including Melvin Simon & Associates, Inc., and certain Simon-related entities, namely Si-Lake, Inc., and…